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He alleged in his complaint the following:

xxx
2. Sometime in December 1996 defendant employing fraud, deceit,
and misrepresentation encashed a check dated December 26, 1996 in the
amount of P336,000.00 to the plaintiff assuring the latter that the check is
duly funded and that he had an existing account with the Land Bank of the
Philippines, xerox copy of the said check is hereto attached as Annex “A”;
 
3. However, when said check was presented for payment the same
was dishonored on the ground that the account of the defendant with the
Land Bank of the Philippines has been closed contrary to his
representation that he has an existing account with the said bank and that
the said check was duly funded and will be honored when presented for
payment;
 
4. Demands had been made to the defendant for him to make good
the payment of the value of the check, xerox copy of the letter of demand
is hereto attached as Annex “B”, but despite such demand defendant
refused and continues to refuse to comply with plaintiff’s valid demand;
 
5. Due to the unlawful failure of the defendant to comply with the
plaintiff’s valid demands, plaintiff has been compelled to retain the
services of counsel for which he agreed to pay as reasonable attorney’s
fees the amount of P50,000.00 plus additional amount of P2,000.00 per
appearance.
 
ALLEGATION IN SUPPORT OF PRAYER
FOR PRELIMINARY ATTACHMENT
 
6. The accused as previously alleged has, with intent of gain,
willfully, unlawfully and feloniously misappropriated, misapplied and
converted the amount of Php2,624,105.52 to her personal use and benefit
which misappropriation, misapplication and conversion resulted to the
shortage in the said amount of Php 2,624,105.52 upon which this action is
brought and that there is no sufficient security for the claims sought in this
action;

7. That the private complainant has a sufficient cause of action as

manifested by the joint affidavit of LINDA N. MARISCAL,
ARLIN B. FLANDEZ, FE REMEDIOS L. DIAZ and
ROBERTA C LEMOS hereto attached as Annex “A”

8. That this action is one which falls under Section 2 (b), Rule 127
of the Revised Rules of Court of the Philippines, which states:

“SEC.2 Attachment-- When the civil action is properly instituted in

the criminal action as provided in Rule 111, the offended party may have
the property of the accused attached as security for the satisfaction of any
judgment that may be recovered from the accused in the following cases:

(a)xxx xxx xxx;

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(b) When the criminal action is based in a claim for money or

property embezzled or fraudulently misapplied or converted to the use of the
accused who is a public officer, officer of a corporation, attorney, factor, broker,
agent or clerk, in the course of his employment as such, or by any other person in
a fiduciary capacity, or for a willful violation of duty”

9. That the amount due the private complainant is as much as the

sum for which the private complainant seeks the writ of preliminary attachment;
 
10. That the private complainant is willing and able to post a bond
conditioned upon the payment of damages should it be finally found out
that it is not entitled to the issuance of a writ of preliminary attachment.